A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §22-29-1, §22-29-2,
§22-29-3, §22-29-4, §22-29-5 and §22-29-6, all relating to the
adoption of green building standards for the construction or
renovation of public buildings over five thousand square feet
in size.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §22-29-1, §22-29-2,
§22-29-3, §22-29-4, §22-29-5 and §22-29-6, all to read as follows:

ARTICLE 29. GREEN BUILDINGS.

§22-29-1. Short title and effective date.

This article is called the “Green Buildings Act.”

§22-29-2. Findings and purpose.

(a) The Legislature finds that:

(1) Energy costs for public buildings are skyrocketing and
will likely continue to increase.

(2) Energy use by public buildings contributes substantially
to the problems of pollution and global warming.

(3) Public buildings can be built and renovated using high-performance methods that save energy costs, preserve the
environment, and make workers and students more productive.

(b) This article is enacted to more efficiently spend public
funds and protect the health and welfare of West Virginia
residents.

§22-29-3. Green buildings.

As used in this section:

(1) “Department” means the Department of Administration.

(2) “LEED silver standard” means the United States Green
Building Council Leadership in Energy and Environmental Design
green building rating standard referred to as silver standard.

(3) “Major facility project” means:

(A) A building construction project larger than five thousand
gross square feet of occupied or conditioned space; or

(B) A building renovation project when the cost is greater
than fifty percent of the assessed value and the project is larger
than five thousand gross square feet of occupied or conditioned
space.

(4) “Public agency” means every state office, board,
commission, committee, bureau, department or public institution of
higher education, including counties and municipalities.

§22-29-4. Green building standards.

(a) All major facility projects of public agencies shall be
designed, constructed and certified to at least the LEED silver
standard. This provision applies to major facility projects that
have not entered the design phase prior to July 1, 2011.

(b) All major facility projects of a public school district,
where the project receives any state funding, shall be designed,
constructed and certified to at least the LEED silver standard.
This provision applies to major facility projects that have not
entered the design phase prior to January 1, 2012.

(c) All major facility projects by any person, corporation or
entity other than a public agency or public school district, where
the project receives any state funding, shall be designed,
constructed and certified to at least the LEED silver standard.
This provision applies to major facility projects that have not
entered the grant application process prior to January 1, 2012.

(d) A major facility project does not have to meet the LEED
silver standard if:

(1) There is no appropriate LEED silver standard for that type
of building or renovation project. In such case, the department
will set lesser green building standards that are appropriate to
the project.

(2) There is no practical way to apply the LEED silver
standard to a particular building or renovation project. In such
case, the department will set lesser green building standards that
are appropriate to the project.

(3) The building or renovation project is an electricity
transmitter building, a water pumping station or a hospital.

§22-29-5. Administration and reports.

(a) The department shall propose such rules for legislative
approval as are necessary to enforce this article in accordance
with the provisions of article three, chapter twenty-nine-a of this
code. Those rules shall include how the department will determine
whether a project qualifies for an exception from the LEED silver
standard, and the lesser green building standards that may be
imposed on projects that are granted exceptions.

(b) The department shall monitor and document ongoing
operating savings that result from major facility projects
designed, constructed and certified as meeting the LEED silver
standard and annually publish a public report of findings and
recommended changes in policy. The report shall also include a
description of projects that were granted exceptions from the LEED
silver standard, the reasons for exceptions, and the lesser green
building standards imposed.

(c) The department shall create a green buildings advisory
committee composed of representatives from the design and
construction industry involved in public works contracting,
personnel from affected public agencies and school boards that
oversee public works projects, and others at the department’s
discretion to provide advice on implementing this section. The
advisory committee shall make recommendations regarding an
education and training process and an ongoing evaluation or
feedback process to help the department implement this section.

§22-29-6. Protection from liability.

No person, corporation or entity may be held liable for the
failure of a major facility project to meet the LEED silver
standard or other standard established for the project as long as
a good faith attempt was made to achieve the standard set for the
project.

NOTE: The purpose of this bill is for the adoption of green
building standards for the construction or renovation of public
buildings over five thousand square feet in size.